In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-0691V 

 Filed: October 24, 2017 

UNPUBLISHED 

ALBERT WILSON, 

 Petitioner, 

v. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs 

 

Diana L. Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. 

Althea W. Davis, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On June 13, 2016, petitioner filed a petition for compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine 

Act”). Petitioner alleged that he suffered an injury to his left shoulder, including brachial 

neuritis (“Parsonage Turner Syndrome”), as a result of a Tetanus Diphtheria acellular 

Pertussis (“Tdap”) vaccine he received on May 21, 2015. Petition at 1-2. On June 26, 

2017, the undersigned issued a decision awarding compensation to petitioner based on 

the parties’ joint stipulation. (ECF No. 28.) 

 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
2 

 On September 20, 2017, petitioner filed a motion for attorneys’ fees and costs. 

(ECF No. 31.) Petitioner requests attorneys’ fees in the amount of $12,173.60 and 

attorneys’ costs in the amount of $756.59. (Id. at 1-2.) In compliance with General 

Order #9, petitioner filed a signed statement indicating that he incurred no out-of-pocket 

expenses. (ECF No. 31-3.) Thus, the total amount requested is $12,930.19. 

On September 27, 2017, respondent filed a response to petitioner’s motion. 

(ECF No. 32.) Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 

contemplates any role for respondent in the resolution of a request by a petitioner for an 

award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is 

satisfied the statutory requirements for an award of attorneys’ fees and costs are met in 

this case.” Id. at 2. Respondent “respectfully recommends that the Chief Special 

Master exercise her discretion and determine a reasonable award for attorneys’ fees 

and costs.” Id. at 3. 

On September 27, 2017, petitioner filed a reply. (ECF No. 33.) Petitioner 

disputes respondent’s characterization of his role in resolving attorneys’ fees and costs, 

objects to respondent’s failure to address specific issues, and reiterates petitioner’s 

position that the amount requested is reasonable. 

The undersigned has reviewed the billing records submitted with petitioner’s 

request. In the undersigned’s experience, the request appears reasonable, and the 

undersigned finds no cause to reduce the requested hours or rates. 

 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 

§ 15(e). Based on the reasonableness of petitioner’s request, the undersigned 

GRANTS petitioner’s motion for attorneys’ fees and costs. 

Accordingly, the undersigned awards a total of $12,930.19,3 representing 

reimbursement for all attorneys’ fees and costs, in the form of a check jointly 

payable to petitioner and her counsel, Diana L. Stadelnikas.4

 The clerk of the court shall enter judgment in accordance herewith.5

 

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all 

charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. 

Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would 

be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs.,

924 F.2d 1029 (Fed. Cir.1991). 

4 Petitioner requests that the check be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, 

Suite 710, Sarasota Florida 34236. 

5 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review. 
3 

IT IS SO ORDERED. 

s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master